[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)]
[Rules and Regulations]
[Pages 70942-70944]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24915]


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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket Number USCG-2016-0154]
RIN 1625-AA00


Safety Zones; San Francisco, CA

AGENCY: Coast Guard, DHS.

ACTION: Final rule.

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SUMMARY: The Coast Guard is amending several permanent safety zones 
located in the Captain of the Port San Francisco zone that are 
established to protect public safety during annual firework displays. 
These amendments are necessary to update listed events to accurately 
reflect the firework display locations. This regulation prohibits the 
movement of vessels within the established firework display areas 
unless authorized by the Captain of the Port (COTP) San Francisco or a 
designated representative.

DATES: This rule is effective November 14, 2016.

ADDRESSES: To view documents mentioned in this preamble as being 
available in the docket, go to http://www.regulations.gov, type USCG-
2016-0154 in the ``SEARCH'' box and click ``SEARCH.'' Click on Open 
Docket Folder on the line associated with this rule.

FOR FURTHER INFORMATION CONTACT: If you have questions on this rule, 
call or email Lieutenant Junior Grade Christina Ramirez, U.S. Coast 
Guard Sector San Francisco; telephone 415-399-3585, email [email protected].

SUPPLEMENTARY INFORMATION:

I. Table of Abbreviations

CFR Code of Federal Regulations
COTP Captain of the Port
DHS Department of Homeland Security
FR Federal Register
NPRM Notice of proposed rulemaking
Sec.  Section
U.S.C. United States Code

II. Background Information and Regulatory History

    On April 19, 2016 we published a notice of proposed rulemaking 
(NPRM) entitled Safety Zones; San Francisco, CA, in the Federal 
Register (81 FR 22946), to amend several permanent safety zones located 
in the Captain of the Port San Francisco zone that are established to 
protect public safety during annual firework displays. There we stated 
why we issued the NPRM, and invited comments on our proposed regulatory 
action related to the amended fireworks safety zones. We received no 
comments on the NPRM nor did we receive a request for public meeting. A 
public meeting was not held.

III. Legal Authority and Need for Rule

    The Coast Guard is issuing this rule under authority in 33 U.S.C. 
1231. The Captain of the Port San Francisco (COTP) has determined that 
potential hazards associated with the current outdated fireworks 
locations, if not updated, pose safety concerns for event crew, 
spectators, participants of the event, participating vessels, and other 
users and vessels of the waterway.

IV. Discussion of Comments, Changes, and the Rule

    As noted above, we received no comments on our NPRM published on 
April 19, 2016. There are no changes in the regulatory text of this 
rule from the proposed rule in the NPRM.
    This rule amends Table 1 in Sec.  165.1191 to update three events 
to reflect the current event locations. These events are listed 
numerically in Table 1 of this section: (7), (8), (22).

V. Regulatory Analyses

    We developed this rule after considering numerous statutes and 
Executive orders related to rulemaking. Below we summarize our analyses 
based on a number of these statutes and Executive orders, and we 
discuss First Amendment rights of protestors.

A. Regulatory Planning and Review

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits. Executive Order 13563 emphasizes the importance of 
quantifying both costs and benefits, of reducing costs, of harmonizing 
rules, and of promoting flexibility. This NPRM has not been designated 
a ``significant regulatory action,'' under Executive Order 12866. 
Accordingly, the NPRM has not been reviewed by the Office of Management 
and Budget.
    This regulatory action determination is based on the size, 
location, duration, and time-of-day of each safety zone. Vessel traffic 
would be able to safely transit around each safety zone which would 
impact a small designated area of the COTP San Francisco zone for less 
than 1 hour during the evening when vessel traffic is normally low. 
Moreover, the Coast Guard would issue a Local Notice to Mariner and 
Broadcast Notice to Mariners via VHF-FM marine channel 16 about the 
zone, and the rule would allow vessels to seek permission to enter the 
zones.

B. Impact on Small Entities

    The Regulatory Flexibility Act of 1980, 5 U.S.C. 601-612, as 
amended, requires Federal agencies to consider the potential impact of 
regulations on small entities during rulemaking. The term ``small 
entities'' comprises small businesses, not-for-profit organizations 
that are independently owned and operated and are not dominant in their 
fields, and governmental jurisdictions with populations of less than 
50,000. The Coast Guard certifies under 5 U.S.C. 605(b) that this rule 
would not have a significant economic impact on a substantial number of 
small entities.
    While some owners or operators of vessels intending to transit the 
safety zone may be small entities, for the reasons stated in section 
V.A above this rule would not have a significant economic impact on any 
vessel owner or operator.
    If you think that your business, organization, or governmental 
jurisdiction qualifies as a small entity and that this rule would have 
a significant economic impact on it, please submit a comment (see 
ADDRESSES) explaining why you think it qualifies and how and to what 
degree this rule would economically affect it.
    Under section 213(a) of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (Pub. L. 104-121), we want to assist small 
entities in understanding this rule. If the rule would affect your 
small business, organization, or governmental jurisdiction and you have 
questions concerning its provisions or options for compliance, please 
contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section. The Coast Guard will not retaliate against small entities that 
question or complain about this rule or any policy or action of the 
Coast Guard.

C. Collection of Information

    This rule would not call for a new collection of information under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

D. Federalism and Indian Tribal Governments

    A rule has implications for federalism under Executive Order 13132,

[[Page 70943]]

Federalism, if it has a substantial direct effect on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government. We have analyzed this rule under that Order and have 
determined that it is consistent with the fundamental federalism 
principles and preemption requirements described in Executive Order 
13132.
    Also, this rule does not have tribal implications under Executive 
Order 13175, Consultation and Coordination with Indian Tribal 
Governments, because it would not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes. If 
you believe this rule has implications for federalism or Indian tribes, 
please contact the person listed in the FOR FURTHER INFORMATION CONTACT 
section.

E. Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
requires Federal agencies to assess the effects of their discretionary 
regulatory actions. In particular, the Act addresses actions that may 
result in the expenditure by a State, local, or tribal government, in 
the aggregate, or by the private sector of $100,000,000 (adjusted for 
inflation) or more in any one year. Though this rule would not result 
in such an expenditure, we do discuss the effects of this rule 
elsewhere in this preamble.

F. Environment

    We have analyzed this rule under Department of Homeland Security 
Management Directive 023-01 and Commandant Instruction M16475.lD, which 
guide the Coast Guard in complying with the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321-4370f), and have made a preliminary 
determination that this action is one of a category of actions that do 
not individually or cumulatively have a significant effect on the human 
environment. This rule involves a safety zones lasting less than 1 hour 
that would prohibit entry within 1,000 feet of a fireworks barge. 
Normally such actions are categorically excluded from further review 
under paragraph 34(g) of Figure 2-1 of Commandant Instruction 
M16475.lD. A preliminary environmental analysis checklist and 
Categorical Exclusion Determination are available in the docket where 
indicated under ADDRESSES. We seek any comments or information that may 
lead to the discovery of a significant environmental impact from this 
rule.

G. Protest Activities

    The Coast Guard respects the First Amendment rights of protesters. 
Protesters are asked to contact the person listed in the FOR FURTHER 
INFORMATION CONTACT section to coordinate protest activities so that 
your message can be received without jeopardizing the safety or 
security of people, places, or vessels.

List of Subjects in 33 CFR Part 165

    Harbors, Marine safety, Navigation (water), Reporting and 
recordkeeping requirements, Security measures, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends 
33 CFR part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority: 33 U.S.C. 1231; 50 U.S.C. 191, 195; 33 CFR 1.05-1, 
6.04-1, 6.04-6, 160.5; Department of Homeland Security Delegation 
No. 0170.1.

0
2. In Sec.  165.1191, in Table 1 to Sec.  165.1191, revise items 7, 8, 
and 22, to read as follows:


Sec.  165.1191  Northern California and Lake Tahoe Area Annual 
Fireworks Events.

* * * * *

Table 1 to Sec.  165.1191

* * * * *

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                              * * * * * * *
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               7. San Francisco Independence Day Fireworks
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Sponsor......................  The City of San Francisco.
Event Description............  Fireworks Display.
Date.........................  July 4th.
Location 1...................  A barge located approximately 1000 feet
                                off San Francisco Pier 39 at
                                approximately 37[deg]48'49'' N.,
                                122[deg]24'46'' W.
Location 2...................  A barge located at the end of the San
                                Francisco Municipal Pier at Aquatic Park
                                at approximately 37[deg]48'39'' N.,
                                122[deg]25'37'' W.
Regulated Area 1.............  1. 100-foot radius around the fireworks
                                barge during the loading, transit,
                                setup, and until the commencement of the
                                scheduled display. Increases to a 1,000-
                                foot radius upon commencement of the
                                fireworks display.
Regulated Area 2.............  2. 100-foot radius around the fireworks
                                barge during the loading, transit,
                                setup, and until the commencement of the
                                scheduled display. Increases to a 1,000-
                                foot radius upon commencement of the
                                fireworks display.
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              8. Fourth of July Fireworks, Berkeley Marina
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Sponsor......................  Berkeley Marina.
Event Description............  Fireworks Display.
Date.........................  July 4th.
Location.....................  A barge located near Berkeley Pier at
                                approximately 37[deg]51'40'' N.,
                                122[deg] 19'19'' W.
Regulated Area...............  100-foot radius around the fireworks
                                barge during the loading, transit,
                                setup, and until the commencement of the
                                scheduled display. Increases to a 1,000-
                                foot radius upon commencement of the
                                fireworks display.
 
                              * * * * * * *
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                     22. Monte Foundation Fireworks
------------------------------------------------------------------------
Sponsor......................  Monte Foundation Fireworks.

[[Page 70944]]

 
Event Description............  Fireworks Display.
Date.........................  Second Saturday in October.
Location.....................  Capitola Pier in Capitola, CA.
Regulated Area...............  1,000-foot safety zone around the
                                navigable waters of the Capitola Pier.
 
                              * * * * * * *
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    Dated: September 15, 2016.
Anthony J. Ceraolo,
Captain, U.S. Coast Guard, Captain of the Port San Francisco.
[FR Doc. 2016-24915 Filed 10-13-16; 8:45 am]
BILLING CODE 9110-04-P